COMMONWEALTH OF MASSACHUSETTS v. CARREIRO


2005 Mass. App. Div. 41 (2005)

Commonwealth of Massachusetts v. Jose Carreiro.

Massachusetts Appellate Division, Southern District.

April 4, 2005.


Attorney(s) appearing for the Case

Karen Augeni Benson for the defendant.

Kevin Connelly for the commonwealth.

Present: Williams, P.J., and Welsh, J.


Welsh, J.

This is an appeal under G.L.c. 261, § 27D, as amended by St. 2004, c. 252, § 20, of the denial of the defendant's G.L.c. 261, § 27C motions for payment by the Commonwealth of the costs of service of two subpoenas duces tecum.

The defendant was determined by the court to be indigent. Section 27C(4) of G.L.c. 261 provides that if a court finds a party is indigent, it shall not deny any request for state payment of "normal fees and costs...

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